Clause · Native Title & First Nations Legal Work

Indigenous Cultural and Intellectual Property (ICIP) clause for project, commission and publication contracts

Contract clause that protects ICIP beyond copyright: acknowledges the community as custodian, limits use to the consented purpose, requires new consent for new uses, protects secret and sacred material, sets attribution and benefit sharing, and survives the contract.

Kind
Clause. Wording to drop into a longer document.
Where it applies
Australia
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
18 October 2026
Status
Maintained. Checked on 18 October 2026 against the 3 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use in commissions, publishing, film, design, museum, tourism, research and infrastructure contracts that use First Nations stories, designs, language, knowledge, images or performances. Use it whether you act for the First Nations party or the commissioning party, and settle the schedule with the Traditional Owners or community authority, not for them.

How AI may be used

AI may adapt the clause to the contract’s defined terms and extract the agreed permitted uses into the schedule; the lawyer settles every term with the community’s authorised representatives, and nothing cultural is described in the schedule without their consent.

AI may

  • Align the clause with the contract’s definitions, licence, termination and dispute clauses and list inconsistencies
  • Transfer the permitted uses, attribution wording and payments agreed in writing by the community into the schedule exactly as agreed
  • Check the rest of the contract for licences, assignments, AI-training or archiving rights that would override this clause

AI must not

  • Must not describe, summarise or interpret the cultural material, its meaning or its restrictions; the community decides what is written
  • Must not identify who holds cultural authority or who must consent; that comes from the community’s own processes
  • Must not be given secret, sacred or restricted material, or images of deceased people, for any purpose

The lawyer checks

  • The people giving consent have authority under the community’s own processes, and the consent is recorded in writing for the stated purpose only
  • No other clause (licence, assignment, moral rights consent, AI training, archiving) grants wider rights than the ICIP schedule permits
  • Attribution wording, cultural warnings and benefit sharing in the schedule are the community’s own words
  • The clause survives termination and binds sublicensees and assignees

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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